McEVOY v. SPENCER

No. 1306, Docket 96-9333.

124 F.3d 92 (1997)

Albert R. McEVOY, Plaintiff-Appellee, v. John SPENCER, individually and as Mayor of the City of Yonkers; Donald Christopher, individually and as Commissioner of Police of the City of Yonkers, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 11, 1997.


Attorney(s) appearing for the Case

Elisabeth A. Palladino, Deputy Corporation Counsel, Yonkers, NY (Philip A. Zisman, Corporation Counsel, Yonkers, NY, on the brief), for defendants-appellants.

Craig T. Dickinson, Lovett & Gould, White Plains, NY, for plaintiff-appellee.

Before: NEWMAN, McLAUGHLIN, and CUDAHY, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal presents several issues concerning a public employer's right to take adverse action against an employee for exercising his First Amendment speech and his First Amendment associational rights. The issues arise at the intersection of the doctrines set forth in two Supreme Court decisions, Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), and Elrod v...

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